Copyright Office 2021 – Federal Register Recent Federal Regulation Documents
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Copyright Claims Board: Representation by Law Students and of Business Entities
The U.S. Copyright Office is issuing a notice of proposed rulemaking to establish procedures governing the appearance of law student representatives and employees of business entities in proceedings before the Copyright Claims Board.
Technical Measures: Public Consultations
The U.S. Copyright Office is announcing a series of consultations on technical measures to identify or protect copyrighted works online. The Office plans to hold a plenary session to launch consultations on this issue on February 22, 2022, to be followed by smaller sectoral consultations thereafter. To aid in this effort, the Office also is seeking public input on a number of questions.
Deferred Registration Examination Study: Notice and Request for Public Comment
The U.S. Copyright Office is undertaking a public study to evaluate the merits of providing an option to defer examination of copyright registration application materials until a later request by the applicant. To aid in this effort, the Office is soliciting input from interested members of the public.
Copyright Claims Board: Active Proceedings and Evidence
The U.S. Copyright Office is issuing a notice of proposed rulemaking to establish procedures governing active proceedings before the Copyright Claims Board and post-determination procedures. The proposed rule provides requirements regarding procedural practice, scheduling, conferences, discovery, written testimony, hearings, settlement, smaller claims, default and failure to prosecute, records, post-determination procedures, and conduct of parties. The Office intends to initiate a subsequent rulemaking regarding law student representation.
Publishers' Protections Study: Request for Additional Comments
The U.S. Copyright Office seeks further comments on the effectiveness of copyright protections for publishers, with a focus on press publishers. This request provides an opportunity for interested parties to raise new issues related to the topic of the study, amplify initial comments, present empirical studies, or to address, reply to, or expand upon any issues raised in the initial request for written commentsresponses to which are due on or before November 26, 2021or during the virtual public roundtable, which will be held on December 9, 2021. On November 29, 2021, the Office will post a link at https:// copyright.gov/policy/publishersprotections/ through which parties can submit second-round comments.
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
In this final rule, the Librarian of Congress adopts exemptions to the provision of the Digital Millennium Copyright Act (``DMCA'') that prohibits circumvention of technological measures that control access to copyrighted works. As required under the statute, the Register of Copyrights, following a public proceeding, submitted a recommendation concerning proposed exemptions to the Librarian of Congress (``Register's Recommendation''). After careful consideration, the Librarian adopts final regulations based upon the Register's Recommendation.
Copyright Claims Board: Initiation of Proceedings and Related Procedures
The U.S. Copyright Office is extending the deadline for the submission of written comments in response to its September 29, 2021, notification of proposed rulemaking regarding initiating proceedings before the Copyright Claims Board.
Copyright Claims Board: Initiation of Proceedings and Related Procedures
The U.S. Copyright Office is issuing a notice of proposed rulemaking to establish procedures governing the initial stages of a proceeding before the Copyright Claims Board. The proposed rule provides requirements regarding the filing of a claim, the Board's compliance review of the claim, service, issuance of notice of the claim, the respondent's opt-out election, responses, and counterclaims. The Office intends to initiate subsequent rulemakings regarding additional procedures.
Small Claims Procedures for Library and Archives Opt-Outs and Class Actions
The U.S. Copyright Office is issuing a notice of proposed rulemaking regarding the procedures for libraries and archives to opt out of proceedings before the Copyright Claims Board (``CCB'') and the procedures for a party before the CCB with respect to a class action proceeding, under the Copyright Alternative in Small-Claims Enforcement Act of 2020. The Office invites public comments on this proposed rule.
Copyright Alternative in Small-Claims Enforcement (“CASE”) Act Regulations: Expedited Registration and FOIA
The U.S. Copyright Office is amending its regulations to establish a new expedited registration option under the Copyright Alternative in Small-Claims Enforcement Act of 2020 and to provide a technical update to the Office's Freedom of Information Act regulations. To qualify for this expedited registration option, the work(s) being registered must be the subject of a claim or counterclaim before the Copyright Claims Board.
Technical Amendments Regarding the Copyright Office's Organizational Structure
This final rule makes technical changes to the U.S. Copyright Office's regulations pertaining to its organizational structure in light of the agency's recent reorganization. It reflects recent structural changes, updates certain of the Office's division names, and adds a new section for the Copyright Claims Board established by the Copyright Alternative in Small-Claims Enforcement Act of 2020.
Copyright Alternative in Small-Claims Enforcement (“CASE”) Act Regulations: Expedited Registration and FOIA
The U.S. Copyright Office is issuing a notice of proposed rulemaking regarding a new expedited registration option and a conforming amendment to the Office's Freedom of Information Act regulations, under the Copyright Alternative in Small-Claims Enforcement Act. To qualify for this expedited registration option, the work(s) being registered must be the subject of a claim or counterclaim before the Copyright Claims Board. The Office invites public comments on this proposed rule.
Group Registration of Works on an Album of Music
The U.S. Copyright Office is creating a new group registration option for musical works, sound recordings, and certain other works contained on an album. This option will permit the registration of a group of musical works or a group of sound recordings distributed together, regardless of whether such distribution occurs via physical or digital media. The final rule generally adopts the provisions set forth in the May 2019 notice of proposed rulemaking in this proceeding, with certain updates to reflect the planned implementation of new online applications for this option.
Secure Tests
The U.S. Copyright Office is issuing an interim rule amending its regulations governing the registration of copyright claims in secure tests and secure test items in order to address a temporary disruption caused by the COVID-19 pandemic. The interim rule allows for examination of these claims via secure videoconference during the national emergency.
Treatment of Confidential Information by the Mechanical Licensing Collective and the Digital Licensee Coordinator
The U.S. Copyright Office is issuing an interim rule regarding the protection of confidential information by the mechanical licensing collective and the digital licensee coordinator under title I of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act. After soliciting public comments through a notification of inquiry and a notice of proposed rulemaking, the Office is now issuing interim regulations identifying appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in the records of the mechanical licensing collective and the digital licensee coordinator is not improperly disclosed or used.
Music Modernization Act Transition Period Transfer and Reporting of Royalties to the Mechanical Licensing Collective; Correction
The U.S. Copyright Office is correcting a final rule that appeared in the Federal Register on January 11, 2021. The rule addressed digital music providers' obligations to transfer and report accrued royalties for the use of unmatched musical works (or shares thereof) to the mechanical licensing collective for purposes of eligibility for the Music Modernization Act's limitation on liability for prior unlicensed uses.
Compendium of U.S. Copyright Office Practices
The U.S. Copyright Office is releasing an update to its administrative manual, the Compendium of U.S. Copyright Office Practices, Third Edition.
Satellite Television Community Protection and Promotion Act of 2019 Study: Notice and Request for Public Comment
The U.S. Copyright Office is initiating a study to evaluate the impact on the satellite television market of the Satellite Television Community Protection and Promotion Act of 2019's adoption of new statutory requirements for certain uses of the section 119 compulsory license for distant-into-local satellite transmission, and sunsetting of other uses from the license. The Office seeks public comment on this topic to assist in preparing a report to Congress.
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